Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-01-26
APPLICATION FOR PATENT.

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APPLICATION FOE PATENT.
Where papers have once been fled with the
the record, and can neither be Withdrawn nor
returned. but must be transmitted to the Gen
eral Land ONCE.
An application will be rejected when the
scrfption VI the premises 10 erroneous or
SUFFICIENT.
Application for patent will be rejected be.
cause:
First The notice was published without the
knowledge of the Register.
~Second-The notice was not published in q
newspaper designated ss published nearest the
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending . suit In Court commenced BY
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In accord.
Where several parties own separate and dis.
tinct portions Of . claim, application for
patent may be made BY either for tn ct portion
OF the claim owned by him but where several
parties own undivided interests in . mining
claim all should Join in an application for .
patent.
A person or association may purchase 81
many placer locations % the local Law admits,
and embrace them all in one application for .
patent.
Two or more lodes cannot be embraced in
one application for . patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport-
ing to act as . deputy for the Register and Re-
ceiver cannot be recorded % evidence.
In all patents for mining claims situated
within the interior boundaries of . town site
o clause IL in; erted excepting and excluding
all town property. rights upon the surface.
and all houses. buildings. structures, lots,
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here.
In, and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication of notice must be made q only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and In daily
newspapers 60 days must slapse between the
first and last insertions.
Where the Register designates the d aily issue
Of 8 newspaper for publication Of notices Of q
mining application for patent IL is not o com
plisnce With law 70 change to the weekly edi'
tion OF the same paper without authority Of
the Register.
The existence OF 8 salt spring on Q tract OF
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hesrins
for the purpose OF proving the agriculture
character of such land is not allowed. Land
containing valuable deposits OF slate may b.
entered under the mining Acts.
Adverse CLAIMS.
Adverse claimants must nle . separate snd
distinct claim agsinst each application which
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers iu an adverse claim, onco nled
cannot be withdrawn, but becom 90 = part Of ia,
record.
When an adverse claim has been nled II can
not be amended so as to embrace q larger per
tion OF the premises than thst described In tn.
original adverse claim.
An adverse claim must be made out In
proper form and tiied In the proper local OH Q.
during the period Of publication Of the sppli
cation for the patent to be effective.
1t Is the duty Of the adverse claimant {
commence suit in proper form within the re
CURED time, and II he trusts The uncertain
medium OF the United States mail he must
abide the conseQuences, should the delay
ensue, through misfortune or accident. Should
the failure to suit be the result OF
the cor fupt or dishonest action Of his attorney,
the Interior Department cannot redress the
wrong.
Al adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody.
ing conclusions of law. without stating the
facts specially. Will not be considered In evi.
dence.
An adverse claimant should show g ompli.
ance with the local law IN recording his claim
and In regard to expenditures. and shsll ale q
copy Of the original notice OF his location, and
show the nature or extent Of the conflict
alleged.
An allegation of parties to 9 suit that they
compose the company IL SUFFICIENT, and they
are not required to prove that they are the
original ~locstors or tine identical parties who
present the adverse claim.
-eRIoULruRAL De MINERAL LANDS.
Where land is OF little. II any value, for spri.
cultural purposes. but Is essential to the
proper development of mining claims. II
should be disposed Of under the Mining Act,
Where lands containing valuable mineral
deposits have been Included In an agriculture
entry, said entry will be Cancelled Ct any time
prior to issuance Of patent. upon satisfactory
evidence OF the existence Of such valuable de.
posts.
Where valuable deposits Of mineral are dis.
covered upon Q tract sitter the same has been
entered as agricultural, but before l stent has
been issued, the parties claiming the mine
may make application for patent fo- same
and the agricultural entry will be cancelled b
that portion OF the land embraced by said
mining claim.
Where mineral deposits are discovered OF
agricultural lands after the patent has beer
issued to an AGRICULTURAL claimant, they pasl
with the patent.
SoAAcbC uCElp C8uQOt Dc
ceived In payment for claims.
ALIENS.
A foreigner may make q mining location
dispose OF II. provided he becomes o either
before dtsposing OF the mine. Proof that The
party was not Q citizen before disposinq OF hts
claim must be sfirmatively shown,
Locstors and intermediate owners. othe,
than applicants. will not be presumed Aliens
IN the absence Of allegation or objection prio,
TO issuance Of patent.
The portion Of q mining claim sold 10 AZ
alien cannot be patented while such owner II
an alien; but on hts declaration, o become !
citizen his right dates back to his purchase
aud he may thereupon secure United States
patent for his claim.
CROSS LEDoEs,
Revised Statutes. Section 2. asa.
Where two or more led ges cross or fntersect
each other, priority Of title shall govern. and
such prior location shall be entitled 10 ali ore
or mineral contained within the spsce of inter.
section, but the subsequent location shall have
the right Of way through the space Of inter.
section Tor the purpose Of the convenient
working OF the mine. And where two or nore